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re: Tennessee whiskey is dog shite
Posted on 3/22/23 at 9:42 am to emanresu
Posted on 3/22/23 at 9:42 am to emanresu
quote:
To me this is a classic case of trademark parody which is allowable.
When famous brands become the object of the parody, there are legal risks. Is the would-be parodist commenting on the famous brand, or just using it to call attention to their product. Do consumers believe the parody product is made or sponsored by the famous brand owner? Is the parody tarnishing? If the answer to any of these is "yes", then JD could have a successful claim.
Can they show that the toy is insulting/tarnishing their product by referring to it as excrement? Maybe...
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